Organ and Tissue Donation Mandatory Declaration Act, 2007 Klees, Frank — Bill 67 (38th Parliament, 2nd Session)

Bill 67, 38-2

Ontario — Bills

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Bill 67, Organ and Tissue Donation Mandatory Declaration Act, 2007

Klees, Frank

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Status

Debates

Acts affected

Original

As Amended by Standing Committee

[38] Bill 67 As Amended by Standing Committee (PDF)

Bill 67 2007

An Act to amend various Acts to

require a declaration with respect to the donation of organs and tissue on

death

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca .

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Health Insurance Act

Section

11 of the Health Insurance Act is amended by adding

the following subsections:

Definition

(3) In subsections (4) and (5),

"tissue"

means tissue as defined in the Trillium Gift of Life

Network Act .

Organ

or tissue donation

(4) Despite the regulations, the General Manager shall

not, on or after the day this subsection comes into force, issue or renew a

health card for a person of at least 16 years of age unless the person has

completed a declaration that is part of the card.

Contents

of declaration

(5) The declaration shall specify the

use that the person completing it requires be made of the person's organs or

tissue after death or shall specify that the person is undecided about

specifying such a use.

Contents of declaration

(5) The person completing the declaration

shall specify whether the person is willing to donate his or her organs or

tissue on death by checking one of the following boxes:

1. Yes/Oui.

2. No/Non.

3. Undecided/Aucune

décision.

Donation

(5.1) If

the person completing the declaration specifies that the person is willing to

donate his or her organs or tissue on death, the application for the issuance

or renewal of the health card is not complete unless it contains a direction,

in the prescribed form, from the person as to the use that the person requires

be made of his or her organs on death.

Authority

of declaration

(6) Upon the death of a person who has completed a

declaration under subsection (4), the declaration is binding and is full

authority for the removal and use of the specified organs or tissue for the

purpose specified, except that no person shall act upon the declaration if the

person has reason to believe that it was subsequently withdrawn before the

death of the deceased.

Highway Traffic Act

Section

32 of the Highway Traffic Act is amended by adding

the following subsections:

Organ or tissue donation

(13.1) Despite the regulations, the Minister shall not, on

or after the day this subsection comes into force, issue a driver's licence to

a person or renew a driver's licence of a person unless the person has

completed a declaration that is part of the licence.

Contents

of declaration

(13.2) The declaration shall specify

the use that the person completing it requires be made of the person's organs

or tissue after death or shall specify that the person is undecided about

specifying such a use.

Contents of declaration

(13.2) The person completing the

declaration shall specify whether the person is willing to donate his or her

organs or tissue on death by checking one of the following boxes:

1. Yes/Oui.

2. No/Non.

3. Undecided/Aucune

décision.

Donation

(13.2.1) If the person completing the

declaration specifies that the person is willing to donate his or her organs or

tissue on death, the application for the issuance or renewal of the driver's

licence is not complete unless it contains a direction, in the form prescribed

by the regulations, from the person as to the use that the person requires be

made of his or her organs on death.

Authority

of declaration

(13.3) Upon the death of a person who has completed a

declaration under subsection (13.1), the declaration is binding and is full

authority for the removal and use of the specified organs or tissue for the

purpose specified, except that no person shall act upon the declaration if the

person has reason to believe that it was subsequently withdrawn before the

death of the deceased.

Trillium Gift of Life Network Act

Section

4 of the Trillium Gift of Life Network Act is

amended by adding the following subsection:

Latest

declaration to prevail

(4) If a person has completed more than one of the

following instruments, the latest valid instrument that the person has

completed prevails over the other instruments:

1. A

consent given under this section.

2. A

declaration in the person's health card under subsection 11 (4) of the Health Insurance Act .

3. A

declaration in the person's driver's licence under subsection 32 (13.1) of the Highway Traffic Act .

Commencement and

Short Title

Commencement

4 . This Act comes into

force on the day it receives Royal Assent.

Short

title

5 . The

short title of this

Act is the Organ and Tissue Donation Mandatory Declaration

Act, 2007 .

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

EXPLANATORY NOTE

The

Bill amends the Health Insurance Act and the Highway Traffic Act to require that a health card or a

driver's licence cannot be issued or renewed for a person of at least 16 years

of age unless the person has completed a declaration that specifies

what uses are to be made of the person's organs or tissue after death or that

specifies that the person is undecided about specifying such uses

whether or not the person is willing to donate his or her organs or tissue on

death .

Under

the Trillium Gift of Life Network Act , if a person

of at least 16 years of age has given one or more of a consent under that Act

or a declaration in a health card or a driver's licence, the latest such valid

instrument prevails over the others.

[38] Bill 67 Original (PDF)

Bill 67 2006

An Act to amend various Acts to require a declaration with respect to the donation of organs and tissue on death

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on

www.e-Laws.gov.on.ca .

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Health Insurance Act

Section 11 of the Health Insurance Act is amended by adding the following subsections:

Definition

(3) In subsections (4) and (5),

"tissue" means tissue as defined in the Trillium Gift of Life Network Act .

Organ or tissue donation

(4) Despite the regulations, the General Manager shall not, on or after the day this subsection comes into force, issue or renew a health card for a person of at least 16 years of age unless the person has completed a declaration

that is part of the card.

Contents of declaration

(5) The declaration shall specify the use that the person completing it requires be made of the person's organs or tissue after death or shall specify that the person is undecided about specifying such a use.

Authority of declaration

(6) Upon the death of a person who has completed a declaration under subsection (4), the declaration is binding and is full authority for the removal and use of the specified organs or tissue for the purpose specified, except that no

person shall act upon the declaration if the person has reason to believe that it was subsequently withdrawn before the death of the deceased.

Highway Traffic Act

Section 32 of the Highway Traffic Act is amended by adding the following subsections:

Organ or tissue donation

(13.1) Despite the regulations, the Minister shall not, on or after the day this subsection comes into force, issue a driver's licence to a person or renew a driver's licence of a person unless the person has completed a declaration

that is part of the licence.

Contents of declaration

(13.2) The declaration shall specify the use that the person completing it requires be made of the person's organs or tissue after death or shall specify that the person is undecided about specifying such a use.

Authority of declaration

(13.3) Upon the death of a person who has completed a declaration under subsection (13.1), the declaration is binding and is full authority for the removal and use of the specified organs or tissue for the purpose specified, except

that no person shall act upon the declaration if the person has reason to believe that it was subsequently withdrawn before the death of the deceased.

Trillium Gift of Life Network Act

Section 4 of the Trillium Gift of Life Network Act is amended by adding the following subsection:

Latest declaration to prevail

(4) If a person has completed more than one of the following instruments, the latest valid instrument that the person has completed prevails over the other instruments:

1. A consent given under this section.

2. A declaration in the person's health card under subsection 11 (4) of the Health Insurance Act .

3. A declaration in the person's driver's licence under subsection 32 (13.1) of the Highway Traffic Act .

Commencement and

Short Title

Commencement

4. This Act comes into force on the day it receives Royal Assent.

Short title

5. The

short title of this Act is the Organ and Tissue Donation Mandatory Declaration Act, 2006 .

EXPLANATORY NOTE

The Bill amends the Health Insurance Act and the Highway Traffic Act to require that a health card or a driver's licence cannot be issued or renewed for a person of at least 16 years of age

unless the person has completed a declaration that specifies what uses are to be made of the person's organs or tissue after death or that specifies that the person is undecided about specifying such uses.

Under the Trillium Gift of Life Network Act , if a person of at least 16 years of age has given one or more of a consent under that Act or a declaration in a health card or a driver's licence, the

latest such valid instrument prevails over the others.

Date Bill stage Activity Committee

April 30, 2007

Ordered for Third Reading

April 30, 2007

Reported as amended

April 26, 2007

Consideration of a Bill

Standing Committee on the Legislative Assembly

April 19, 2007

Consideration of a Bill

Standing Committee on the Legislative Assembly

March 26, 2007

Ordered referred to Standing Committee

Standing Committee on the Legislative Assembly

March 26, 2007

Discharge the Order of referral to Committee

March 30, 2006

Ordered referred to Standing Committee

Standing Committee on Social Policy

March 30, 2006

Second Reading

Carried on division

March 30, 2006

Second Reading

Debate

February 22, 2006

First Reading

Carried

Debates and Progress

First Reading

February 22, 2006

Second Reading

Debate

March 30, 2006

Mr. Klees, Mr. Lalonde, Mr. Yakabuski, Mr. Levac, Mr. Kormos, Mr. Delaney, Mr. Miller, Ms. Scott, Mrs. Witmer

March 30, 2006

March 30, 2006

Carried on division. Referred to the Standing Committee on Social Policy.

March 26, 2007

Referral to the Standing Committee on Social Policy discharged. Referred to the Standing Committee on the Legislative Assembly.

Committee

Standing Committee on the Legislative Assembly

April 26, 2007

April 19, 2007

April 30, 2007

Reported to the House as amended. Ordered for Third Reading...

Third Reading

Royal Assent :

Coming into force :

Royal Assent.

Acts affected - Bill 67

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Health Insurance Act

Highway Traffic Act

Trillium Gift of Life Network Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 67, 38-2
Type	bill
Volume / chapter	p38 s2 bill 67 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	9e39d320b74a2b549a24961ac4b77b704ab5dd3c

Source file is stored in the law ingest library (html).